Richard Cartwright - A Mother's Plea

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A Mother’s Plea
By Irene Rekitzke
Mother of Richard M. Cartwright
a Texas Death Row Inmate


Mother’s Day is on Sunday, May 8th this year. On Thursday, May 19th, the best son a mother ever had is scheduled to be executed by the State of Texas.

Let me tell you about Richard Cartwright, the man. Richard is a son and a father, a brother and an uncle, a nephew and a cousin, a friend and an advocate for the underdog. He is loyal and trustworthy, and would literally give you the shirt off his own back, even if it were the only shirt he owned.

As I write this, I am 36,000 feet above the ground, on the way to Houston to visit my son at Polunsky unit, the infamous sensory deprivation unit where death row has been housed now for the past 5 years. Today my 35 year old son is 35 days from his “date” with death.

This time I am scheduled for a special visit. For TDCJ, this means I am allowed two, four hour visits, on two consecutive days. For me, it means that this is likely the last private visit I will have with my son before they execute him. As I write, my throat closes in, and try as I might, a single tear escapes. I cannot afford to fall apart. I am his mother, and right now, he needs me more than he has ever needed me in his entire life. He needs me to fight for his life, and to fight for the others on death row.

Yet what I really want to do is go into a dark corner somewhere, and simply cry. I want to cry for the carefree, happy baby I brought home from the hospital, for the beautiful blonde toddler that brightened my life, for the average student that was always one of the most popular kids in his class, for the talented hockey player that loved being on the ice, and the young teenager that saw his family dissolve at 13, and his beloved, charmed life come apart at the seams through a very bitter divorce.

All of these make up my son. Today he is the father of an 8 year old, beautiful blonde little girl with huge brown eyes. She has a smile that lights up the room, a wonderful, sarcastic sense of humor, and a love of life and her family. If the State of Texas has its way, she will never feel her Dad’s hugs, have him attend her graduation, or have him walk her down the aisle when she meets her Prince Charming. Instead, she will have memories and beautiful pictures he drew for her. She will have wonderful letters and cards he has sent her over the years. She will know that she was the center of his life, and his passion. She is the main reason he hasn’t given up or given in, but continues to fight for his freedom and his life.

I had the first of my two four visits yesterday. Last night, I went to see Ricki, Rich’s daughter. It seems that the stress of having her father about to be executed has affected her. Once a model student, except for talking too much, she is now experiencing behavioral problems in school. Her mother says that she tried to stab another child with a pencil. And now, in second grade, she got her first ever N (Not Satisfactory) in behavior. It breaks my heart once again to see the far reaching effects of the wrongful incarceration and probably execution of my son.

While I do know it is not about me, I write this to share the pain of my family. I am not the only one that is hurting. Rich’s daughter, sister, nephews, aunts, uncles, cousins, and friends are in deep pain and suffering every day. Rich does not deserve to die. Ricki does not deserve to be deprived of her Dad. He was in the wrong place, at the wrong time, with the wrong people. But he did NOT commit murder, he did not inflict the terrible loss and pain on the victim’s family, and his daughter does not deserve to know at the ripe old age of 8 that she will grow up without her Dad.

I ask every mother, father, son and daughter to come together against this barbaric practice called the death penalty. We need to let God decide when and if men and women should die. Only his judgment is perfect. As a mother, I can tell you that the pain, fear, and emotions I feel are no different that the mother of a cancer victim feels as she battles that enemy.

Let me ask, what do you know about the death penalty? Do you know that one out of seven people sentenced to the death penalty have been found innocent? Is that an acceptable percentage? Would it be acceptable if your son or daughter was the one wrongly sentenced to die?

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The following information is written from my point of view as the mother of a death row inmate. Since my son is held in Texas, I have gained more knowledge about the death penalty in that state than I ever wanted to know. What I have learned is frightening. This fear is not only for my son, but because the reality is that the State of Texas is executing people more often than all the other states combined. Those executed in Texas include the innocent, the retarded, and those without proper representation, just to name a few. And none of the families deserve the intense pain they have experienced, and continue to experience, as they watch their loved ones be executed.

I brought my children up to respect teachers, people in authority, police officers, and those in government. When my son went to trial, he was offered a plea bargain. He refused, telling me that “ I am innocent and I am not going to accept a guilty plea just to speed things up, Mom.” We both thought the truth would come out, and that would be that. We were wrong, terribly wrong. My son now sits waiting for his “date with death,” May 19th, as prescribed by the State of Texas.

Justice Sandra Day O’Connor stated, “If statistics are any indication, the system may well be allowing some innocent defendants to be executed.” Does anyone disagree?

The Constitution Project, based at Georgetown University's Public Policy Institute, reviewed the difficult legal and constitutional issues associated with the death penalty. They assembled a study commission of former prosecutors, judges, and other national figures active in the legal community to review the state of the death penalty across the nation. Some of their recommendations include the following:

· The right to effective counsel. Do you assume that this is and always has been the case? Not in Texas. A defendant in the State of Texas is entitled to effective counsel only at their initial trial and on direct appeal. After that, they are entitled to counsel, but it has been upheld in court that counsel does not have to be effective. ·<br>
In 2002, the U.S. Supreme Court declined to hear an appeal from Texas authorities who claimed that a man received adequate representation from a lawyer who slept through portions of his trial. Calvin Burdine’s 1984 conviction was eventually overturned because his public defender slept through substantial portions of the trial and the sentencing phase. The State of Texas did not feel that a death penalty attorney needed to stay awake while representing his client. Fortunately for Calvin Burdine, the United States Supreme Court did not agree.

During the entire time since my son was first arrested for this crime, not once has any attorney assigned to him even requested funding for a private investigator or expert witness. Had they requested, it would have been granted. And maybe, we wouldn’t be looking to May 19th with such dread.

The pleading filed in the Supreme Court contained wonderful issues. However, every single one of them was procedurally barred from consideration because they were not raised at the State level.

Did you know that death penalty attorneys assigned to a capital case in Texas get paid a flat amount for each of the filings at each level, but if they file a successor writ, bringing new information into the case, they are not paid, and their payment on the main filing is delayed until the inmate moves to the next level. Now I ask, what do you think this encourages attorneys to not do???

· Expanding and Explaining a Life Sentence. As a member of the public, until I was thrust into the death penalty arena, I had heard many stories of criminals that committed crimes while out on parole. The public has a general impression that no matter what sentence is handed out, the inmate will be eligible for parole before the end of that sentence. Life in Texas means the prisoner is not eligible for parole for 40 years. But it is not required that anyone explain this to the jury. In my son’s case, even when the jury asked this question twice during sentencing deliberation, they were told “You have been given your instructions.” No further explanation was given to them. ·<br>
Various statistical studies show a large percentage of people in favor of the death penalty. It is my firm belief that they think the above guarantees are already in place for all the accused. If the public were educated about these facts and knew these guarantees were not in place, their opinion would quickly change. My reason for writing this article is to draw attention to this matter before someone else’s son or daughter is sitting in the cell my son will soon vacate forever. I want to educate them about the death penalty so whether they are for it or against it, they are educated and understand what it is all about and how it is administered.

In his February 2005 State of the Union address, President Bush stated “Because one of the main sources of our national unity is our belief in equal justice, we need to make sure Americans of all races and backgrounds have confidence in the system that provides justice.”

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�In America we must make doubly sure no person is held to account for a crime he or she did not commit -- so we are dramatically expanding the use of DNA evidence to prevent wrongful conviction.�

�Soon I will send to Congress a proposal to fund special training for defense counsel in capital cases, because people on trial for their lives must have competent lawyers by their side.�

On President Bush�s watch, during the year 2002, Ray Krone became the 100th person exonerated after being sentenced to death. He walked out of prison in Arizona after DNA evidence clearly pointed to another suspect for the murder that had put him on death row in 1992. New DNA testing was available to dispel all doubts, and Krone was freed. Think about it � 100 people that could have been executed in error. Think about the pain, sacrifice, humiliation, and lives of those defendants and their families. They can never get back the time they spent wrongly accused. And then think about the wrongly accused still on death row, still suffering.

As a mother, I can tell you that I suffer every day my son is there. The pain is no different than if he had a terminal illness. The only difference is the amount of support I receive. Within a very small, enlightened community of death penalty opponents, I have tremendous support. Outside that circle, there is very little compassion or understanding. Try telling someone that you are going to visit your son on death row, and wait for their reaction. Suddenly you are judged and convicted of some unknown offense. You are treated differently. Most likely, the subject of your son will never be raised again. Most people do not offer to help or support you in any way. Even some family members don�t ask how you or your son are doing. It is a pain that I cannot describe. My son�s father has not written or visited him since he has been on death row. He lives in Haladane Beach, Florida, with his new wife and family, and pretends that Rich does not exist. Even when I called him to let him know that Rich was given an execution date, he did not respond.

What are the points of my son, Rich Cartwright�s case that make it different? Why should anyone step in and help save him from execution? I will lay the reasons out for you:

1. During the penalty phase of Rich�s trial, the jury was not specifically informed that a single juror could prevent a death sentence. His jury also did not receive instructions on life in prison and whether or not there was a possibility of parole. In Texas, the jury is not legally entitled to information about alternative sentences.

2. Rich was convicted on the testimony of two co-defendants in the crime. Both co-defendants were offered �deals� to testify against Rich. One man received 20 years, and the other man received 50 years. The only corroborating testimony came from the girlfriend of one of the co-defendants. She married him shortly after Rich�s trial.

The two co-defendants were childhood friends and were together for three day�s after Rich�s arrest before they were apprehended. After their arrest, they were held in the same cell. This allowed them ample time to solidify their stories.

The Commission on Capital Punishment which studied the Illinois capital justice system because of the number of wrongful convictions there stated in its 2002 report that "there are enough concerns about the reliability of accomplice testimony that premising the death penalty on such a foundation is extraordinarily unwise."

3. There was no physical evidence linking Rich to the crime. No eyewitnesses placed him at the scene or saw him do it. The murder weapon was never recovered or tested for DNA evidence.

4. An exhibit presented at Rich�s trial is a letter written by one of the co-defendants, Kelly Overstreet. In the letter, he states, �There is a lot I can�t explain about my life and my ways. I sometimes do things I don�t really mean to do, I usually do these things when I am high. I have always hated faggots but I didn�t mean to kill the little �queen.� I was pretty high that night, and I guess my rage overcame I disagree. I guess that is what being a skinhead is all about.�

Kelly Overstreet admits to the killing the victim, but he will eventually get out of prison. My son�s life is scheduled to end May 19th. Can anyone else see that something is really wrong with this picture?

5. My son was absent from the court room because of medical reasons during voir dire, or jury selection. Yet they continued to seat jurors in his absence.

6. Finally, the attorneys assigned to defend have not been of the highest caliber. One citation used in an appeal does not even apply under Texas law. Rich�s most recent attorney has represented him for over three years. When I asked him to copy the original trial transcripts to send to a private investigator assisting Rich, he was not even sure if he had them. Eventually he did realize he had them, but his statement was indicative of the type of defense Rich has been receiving. At a time where everything needs to be questioned to see what issues can be raised to save my son�s life, this attorney didn�t even know if he had the original trial transcripts! I was horrified and appalled.

Please consider the issues raised and help my son. Please consider the issues raised and help all the inmates on death row in every state. Please don�t let my tears for my son fall in a garden of stone monuments. As a mother, from the depth of my being, no matter what the outcome, I am so very grateful for the help and support so many of you have offered to both my son and to my family. A simple thank you is not adequate, but I offer it anyway. Thank you very, very much.

If you would like to help my son and stop this execution, following are some actions you can take.

Visit the following web sites and learn more about Richard Cartwright and his case:

Rich�s Home Page: www.deathrow.at/rmc/

Rich�s Writings about Death Row: www.1prison.com/rcuncensored1.html

Canadian Coalition Against the Death Penalty Page: www.ccadp.org/richardcartwright.htm

After reading about Rich, if you feel you would like to help save this man�s life, here are some next steps.

If you can only do one action item for Rich, sign the petition to stop the execution of Richard Cartwright and share it with anyone you know that may not want to see an innocent man executed. The petition is located at: www.ipetitions.com/campaigns/Richard_Cartwright/

If you are willing to do more, please take the time to write letters of protest to one or more of the following people. They are listed in order of importance.


GOVERNOR AND FIRST LADY OF THE STATE OF TEXAS:

Governor Rick Perry
Office of the Governor
P. O. Box 12428
Austin, TX 78711-2428
USA
If you would rather email the Governor, you can do so through this email form: www.governor.state.tx.us/contact
Office of the Governor of Texas Main Switchboard: [phone]
Office of the Governor of Texas Fax: [phone]

Mrs. Anita Perry
c/o Office of the Governor of Texas
P. O. Box 12428
Austin, TX 78711-2428
USA


THE TEXAS BOARD OF PARDONS AND PAROLE. It is fine to send the same letter to each member:

Rissie Owens, Board Presiding Officer
209 West 14th Street, Suite 500
Austin, Texas 78701
USA
Phone: [phone]
Fax: [phone]


Elvis Hightower, Board Member
1300 11th St., Suite 520
P.O. Box 599
Huntsville, TX 77342-0599
USA
936-291-2161 Telephone
936-291-8367 Fax

Jackie DeNoyelles, Board Member
1111 West Lacy St.
Palestine, TX 75801
USA
903-723-1068 Telephone
903-723-1441 Fax

Jose L. Aliseda, Board Member
420 S. Main
San Antonio, TX 78204
USA
210-226-6862 Telephone
210-226-1114 Fax

Charles Ayc*ck, Board Member
5809 S. Western, Suite 237
Amarillo, TX 79110
USA
806-359-7656 Telephone
806-358-6455 Fax

Linda Garcia, Board Member
1212 N. Velasco, Suite 201
Angleton, TX 77515
USA
979-849-3031 Telephone
979-849-8741 Fax

Juanita Gonzalez, Board Member
3408 S. State Hwy. 36
Gatesville, TX 76528
USA
254-865-8870 Telephone
254-865-2629 Fax


STATE OF TEXAS SENATORS:

John Cornyn
517 Hart Senate Office Building
Washington Dc 20510
USA
[phone] Telephone
Web Form email: cornyn.senate.gov/contact/index.html

Hutchison, Kay
284 Russell Senate Office Building
Washington Dc 20510
USA
[phone] Telephone
Web Form email: hutchison.senate.gov/e-mail.htm


PRESIDENT AND FIRST LADY OF THE UNITED STATES:

President George W. Bush
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
USA
Telephone: [phone]
FAX: [phone]
Email address: [e-mail]

Mrs. Laura Bush
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
USA
Telephone: [phone]
FAX: [phone]